AQ_F_1800011_20130524_ENF_Enf-FND (4)

STATE OF NORTH CAROLINA NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
FILE NO. DAQ 2013-019
COUNTY OF CATAWBA )
IN THE MATTER OF: )
BASSETT UPHOLSTERY )
DIVISION ) CIVIL,PENALTY ASSESSMENT
FOR VIOLATION OF AIR )
PERMIT NO.03981R14 )
SPECIFIC CONDITIONS AND )
LIMITATIONS NOS. A.3 & A.4 )
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.114A, I, Sheila C.
Holman, Director of the Division of Air Quality(DAQ), make the following:
I. FINDINGS OF FACT:
A. Bassett Upholstery Division was issued Air Permit No. 0398IR14 on April 27,
2012, with an effective date of April 27;2012, and an expiration date of June 30,
2016, for operation of its facility at 1111 East 20t' Street, Newton, Catawba
County,North Carolina.
B. Said permit contains the following pertinent provisions:
l. Specific Condition and Limitation No. A.3 states in part:
As required by 15A NCAC 2D .0503 "Particulates from Fuel Burning
Indirect Heat Exchangers,"particulate matter emissions from the fuel
burning indirect heat exchangers shall not exceed the allowable emission
rates listed below:
Source Emission Limit
(lbs/million Btu)
coal/wood fuel-fired boiler(36 million Btu per hour 0.34
maximum heat input) (ES-B-2)
natural gas/No. 2 fuel oil-fired boiler(38.64 million 0.36
Btu per hour maximum heat input) (ES-B-3)

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2013-019
Page 2
2. Specific Condition and Limitation No. AA states in part:
As required by 15A NCAC 2D .0504 "Particulates from Wood Burning
Indirect Heat Exchangers,"particulate matter emissions from the wood
burning indirect heat exchangers shall not exceed the allowable emission
rates listed below:
Source Emission Limit
(lbs/million Btu)
coal/wood fuel-fired boiler(36 million Btu per
0.43
hour maximum heat input) (ES-B-2)
C. On December 12, 2012, Tonisha Dawson of the Mooresville Regional Office,
Division of Air Quality, observed stack testing at the facility. On February 28,
2013, Mike Kreidler of Bassett Upholster Division submitted the stack test report
in-person. On April 16, 2013, Shannon Vogel of the Stationary Source
Compliance Branch completed the stack test report review and documented the
following violations:
Violation Number One
Specific Condition and Limitation No. A.3.—"Particulates from Fuel Burning
Indirect Heat Exchangers,"requires the facility to comply with a total particulate
emission limit of 0.341bs/million Btu when burning coal. The facility tested
using a coal/wood mixture. Shannon Vogel of the Stationary Source Compliance
Branch (SSCB)prorated the permitted emission limit to 0.39 lbs/million Btu
based on a heat input ratio of 58.7% wood and 41.3% coal. The actual total
particulate emission rate during the December 12, 2012 stack test was 0.55
lbs/million Btu.
Violation Number Two
Specific Condition and Limitation No. A.4. —"Particulates from Wood Burning
Indirect Heat Exchangers,"requires the facility to comply with a total particulate
emission limit of 0.43 lbs/million Btu when burning wood. The actual total
particulate emission rate during the December 12, 2012 stack test was 0.62
lbs/million Btu.
D. A Notice of Violation and Recommendation for Enforcement Letter was issued to
Bassett Upholstery Division on April 24, 2013 for the violations noted in Findings
of Fact"C" above. Bassett Upholstery Division responded to the Notice on May
7, 2013.

Bassett Upholstery Division
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E. No Prior Air Quality Compliance History since 2008.
None
F. The costs of investigation or inspection in this matter totaled $265.00.
Based upon the above Findings of Fact,I make the following:
H. CONCLUSIONS OF LAW:
A. Bassett Upholstery Division was in violation of Air Permit No. 03981R14 as
noted in Findings of Fact "C" above.
B. G.S. 143-215.114A provides that a civil penalty of not more than twenty-five
thousand dollars per violation may be assessed against a person who violates or
fails to act in accordance with the terms, conditions, or requirements of a permit
required by G.S. 143-215.108 or who violates any regulation adopted by the
Environmental Management Commission.
C. G.S. 143-215.3(a)(9)provides that the costs of any investigation or inspection
may be assessed against a person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit required by G.S. 143-215.108
or who violates any regulation adopted by the Environmental Management
Commission.
4

Bassett Upholstery Division
2013-019
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Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Bassett Upholstery Division is hereby assessed a civil penalty of:
$ PDO®.Go for one (1) violation of Specific Condition and Limitation Nos. A.3
and AA of Air Permit No. 03981R14 for exceeding the total
particulate emission limits during stack testing on December 12,
2012.
$ y� TOTAL CIVIL PENALTY,which is percent of the
maximum penalty authorized by G.S. 143-215.114A.
$265.00 Investigation costs.
$aa(25- TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.114A in determining the amount of the penalty, I considered the
factors listed in G.S. 143B-282.1(b) and 15A NCAC 2J .0106, which are the following:
1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation(s);
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
Dat Sheila C. Holman
Director